| (a) This section applies to all new source review authorizations
for new construction or modification of facilities or emissions units
that will be located in any area designated as nonattainment for ozone
under 42 United States Code (USC), §§7407 et seq. as of the date of issuance of the
permit, unless the following apply on the date of issuance of the
permit:
(1) the United States Environmental Protection Agency
(EPA) has made a finding of attainment;
(2) the EPA has approved the removal of nonattainment
New Source Review (NSR) requirements from the area;
(3) the EPA has determined that Prevention of Significant
Deterioration requirements apply in the area; or
(4) the EPA determines that nonattainment NSR is no
longer required for purposes of anti-backsliding.
(b) The owner or operator of a proposed new major stationary
source, as defined in §116.12 of this title (relating to Nonattainment
and Prevention of Significant Deterioration Review Definitions) of
volatile organic compound (VOC) emissions or nitrogen oxides (NOX ) emissions, or the owner or operator of an
existing stationary source of VOC or NOX emissions
that will undergo a major modification, as defined in §116.12
of this title with respect to VOC or NOX ,
shall meet the requirements of subsection (d)(1) - (4) of this section,
except as provided in subsection (e) of this section. Table I, located
in the definition of major modification in §116.12 of this title,
specifies the various classifications of nonattainment along with
the associated emission levels that designate a major stationary source
and significant level for those classifications.
(c) Except as noted in subsection (e) of this section
regarding NOX , the de minimis threshold
test (netting) is required for all modifications to existing major
sources of VOC or NOX unless at least
one of the following conditions are met:
(1) the proposed project emissions increases are less
than five tons per year (tpy) of the individual nonattainment pollutant
in areas classified under Federal Clean Air Act (FCAA), Title I, Part
D, Subpart 2 (42 USC, §7511) classified as Serious or Severe;
(2) the proposed project emissions increases are less
than 40 tpy of the individual nonattainment pollutant in areas classified
under FCAA, Title I, Part D, Subpart 1 (42 USC, §7502) and for
those under FCAA, Title I, Part D, Subpart 2 (42 USC, §7511)
classified as Marginal or Moderate; or
(3) the project emissions increases are less than the
significant level stated in Table I located in the definition of major
modification in §116.12 of this title and when coupled with project
actual emissions decreases for the same pollutant, summed as the project
net, are less than or equal to zero tpy.
(d) In applying the de minimis threshold test, if the
net emissions increases are greater than the significant levels stated
in Table I located in the definition of major modification in §116.12
of this title, the following requirements apply.
(1) The proposed facility or emissions unit shall comply
with the lowest achievable emission rate (LAER) as defined in §116.12
of this title for the nonattainment pollutants for which the facility
or emissions unit is a new major source or major modification except
as provided in paragraph (3)(B) of this subsection and except for
existing major stationary sources that have a potential to emit (PTE)
of less than 100 tpy of the applicable nonattainment pollutant. For
these sources, best available control technology (BACT) can be substituted
for LAER. LAER shall otherwise be applied to each new facility or
emissions unit and to each existing facility or emissions unit at
which the net emissions increase will occur as a result of a physical
change or change in method of operation of the unit.
(2) All major stationary sources owned or operated
by the applicant (or by any person controlling, controlled by, or
under common control with the applicant) in the state must be in compliance
or on a schedule for compliance with all applicable state and federal
emission limitations and standards.
(3) At the time the new or modified facility or emissions
unit or facilities or emissions units commence operation, the emissions
increases from the new or modified facility or emissions unit or facilities
or emissions units must be offset. The proposed facility or emissions
unit shall use the offset ratio for the appropriate nonattainment
classification as defined in §116.12 of this title and shown
in Table I located in the definition of major modification in §116.12
of this title. Internal offsets that are generated at the source and
that otherwise meet all creditability criteria can be applied as follows.
(A) Major stationary sources located in a serious or
severe ozone nonattainment area with a PTE of less than 100 tpy of
an applicable nonattainment pollutant are not required to undergo
nonattainment new source review under this section, if the project
increases are offset with internal offsets at a ratio of at least
1.3 to 1.
(B) Major stationary sources located in a serious or
severe ozone nonattainment area with a PTE of greater than or equal
to 100 tpy of an applicable nonattainment pollutant can substitute
federal BACT (as identified in §116.160(c)(1)(A) of this title
(relating to Prevention of Significant Deterioration Requirements)
for LAER, if the project increases are offset with internal offsets
at a ratio of at least 1.3 to 1. Internal offsets used in this manner
can also be applied to satisfy the offset requirement.
(4) In accordance with the FCAA, the permit application
must contain an analysis of alternative sites, sizes, production processes,
and control techniques for the proposed source. The analysis must
demonstrate that the benefits of the proposed location and source
configuration significantly outweigh the environmental and social
costs of that location.
(e) For sources located in the El Paso ozone nonattainment
area as defined in 40 Code of Federal Regulations, Part 81, the requirements
of this section do not apply to NOX emissions.
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| Source Note: The provisions of this §116.150 adopted to be effective September 13, 1993, 18 TexReg 5746; amended to be effective November 2, 1995, 20 TexReg 8619; amended to be effective April 7, 1998, 23 TexReg 3515; amended to be effective March 21, 1999, 24 TexReg 1781; amended to be effective September 14, 2003, 28 TexReg 7763; amended to be effective June 15, 2005, 30 TexReg 3422; amended to be effective February 1, 2006, 31 TexReg 515; amended to be effective March 3, 2011, 36 TexReg 1324; amended to be effective August16, 2012, 37 TexReg 6049; amended to be effective July 1, 2021, 46 TexReg 3924 |
